MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGAssignment of Leases and Rents, Security Agreement and Fixture • August 12th, 2015 • Innovative Food Holdings Inc • Wholesale-groceries, general line • Illinois
THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (“Mortgage”) is granted as of May ___, 2015, by INNOVATIVE FOOD HOLDINGS, INC., a Florida corporation, 28411 Race Track Road, Bonita Springs, Florida 34135 (“Mortgagor”), to FIFTH THIRD BANK, an Ohio banking corporation, having a mailing address at 999 Vanderbilt Beach Road, 7th Floor, Naples, Florida 34108 (the “Lender”).
SECOND AMENDMENT TO RESTATED LOAN AGREEMENTLoan Agreement • August 12th, 2015 • Innovative Food Holdings Inc • Wholesale-groceries, general line • Ohio
THIS SECOND AMENDMENT (“Amendment”) to Restated Loan Agreement dated November 26, 2013, as modified by joinder dated December 12, 2014 and amended on May 29, 2015 (the “Agreement”) is made by and between Fifth Third Bank, an Ohio banking corporation (“Lender”), and Innovative Food Holdings, Inc., a Florida corporation, Food Innovations, Inc., a Florida corporation, Gourmet Foodservice Group, Inc., a Florida corporation, Artisan Specialty Foods, Inc., a Delaware corporation, 4 The Gourmet, Inc., a Florida corporation, Haley Food Group, Inc., a Florida corporation, Gourmet Foodservice Group Warehouse, Inc., a Florida corporation, and Food New Media Group, Inc., a New York corporation (“Borrowers”) and Organic Food Brokers, LLC, a Colorado limited liability company (“Organic” with Organic and 2013 Borrowers herein collectively called “Obligors” in this Amendment) on this August 7, 2015 (“Amendment Date”).
FIRST AMENDMENT TO RESTATED LOAN AGREEMENTLoan Agreement • August 12th, 2015 • Innovative Food Holdings Inc • Wholesale-groceries, general line • Ohio
THIS FIRST AMENDMENT (“Amendment”) to Restated Loan Agreement dated November 26, 2013, as modified by joinder dated December 12, 2014 (the “Agreement”) is made by and between Fifth Third Bank, an Ohio banking corporation (“Lender”), and Innovative Food Holdings, Inc., a Florida corporation, Food Innovations, Inc., a Florida corporation, Gourmet Foodservice Group, Inc., a Florida corporation, Artisan Specialty Foods, Inc., a Delaware corporation, 4 The Gourmet, Inc., a Florida corporation, Haley Food Group, Inc., a Florida corporation, Gourmet Foodservice Group Warehouse, Inc., a Florida corporation, and Food New Media Group, Inc., a New York corporation (“Borrowers”) and Organic Food Brokers, LLC, a Colorado limited liability company (“Organic” with Organic and 2013 Borrowers herein collectively called “Obligors” in this Amendment) on this May 29, 2015 (“Amendment Date”).
NOTE 2 (Renewal and Increase)Innovative Food Holdings Inc • August 12th, 2015 • Wholesale-groceries, general line
This Note is a renewal and increase of the obligations to Lender represented by that certain note dated November 26, 2013, in the principal amount of $1,000,000.00 (Prior Note”) and adds an additional Borrower. Borrowers hereby acknowledge that this Note shall not be construed as a novation or extinguishment of, the obligations arising under the Prior Note, and its issuance shall not affect the priority of any security interest granted in connection with the Prior Note.
